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Titles to Land Consolidation (Scotland) Act 1868

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This is the original version (as it was originally enacted).

153Fees of Town Clerks appointed prior to 8th March 1860 reserved, but no Town Clerks appointed after that Date to have Claims for Compensation for Loss of Fees, &c.

No Town Clerk of any Royal or other Burgh in Scotland who has been appointed subsequent to the Eighth Day of March One thousand eight hundred and sixty shall have any exclusive Right or Privilege of preparing or expeding any Conveyance or Deed of or relating to Land, or shall have any Right to Compensation in respect of any Alterations affecting the Rights, Duties, or Emoluments of Town Clerks, which may be made by this Act, or any Act which may hereafter be passed: Provided always, that Town Clerks, whether sole or joint, who, according to the Law and Practice prior to the Eighth Day of March One thousand eight hundred and sixty, were exclusively entitled to prepare Instruments of Sasine or of Resignation and Sasine in Burgage Subjects, shall, each during the Period to which his Bights shall extend under any legal Appointment or Agreement existing at the foresaid Date, but no longer, be entitled to claim and receive from the Person presenting for Registration in the Burgh register of Sasines kept by such Town Clerk any Conveyance or Deed which, when recorded, will operate the Effect of a recorded Instrument of Sasine or of Resignation and Sasine, such Fees as, but no other Pees than, he would have had Bight to draw and to appropriate to his own Use and Benefit in respect of the Preparation and recording of the Instrument of Sasine or of resignation and Sasine which, if this Act had not been passed, must have been recorded in the Burgh register of Sasines, in order to operate the like Effect as the recording therein of such Conveyance or Deed; and the Person recording such Conveyance or Deed in the said Register of Sasines shall be bound to pay such but no other Pees to such Town Clerk in respect thereof: Provided always, that in estimating the said Pees such Instruments of Sasine or of Resignation and Sasine shall not be computed as of greater Length than the Writings actually recorded whereby such Instruments of Sasine or of Resignation and Sasine have been rendered unnecessary.

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